|Multi Request||SF-311 2017|
|Submitted||June 17, 2018|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all drafted, submitted or received SF-311 forms (https://www.archives.gov/files/isoo/security-forms/sf311.pdf) produced in the year prior to the receipt of this FOIA request. SF-311 forms may also be identified as Agency Security Classification Management Program Data.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Please be advised that this office serves as the policy and oversight office for the Department of the Army Freedom of Information and Privacy Acts entities, and is not a repository for documents for the Department of the Army. Requests for information and documents under the purview of the Army are sent to the agency most likely to have responsive records for a review in accordance with Army Regulation 25-55, The Army Freedom of Information Act program.
The Freedom of Information Act (FOIA) only provides the means by which the public can request specific documents from the Army. The FOIA does not require Federal agencies to answer questions, render opinions, do legal research, compile or analyze data, conduct surveys, or provide subjective evaluations.
Per DoD 5400.7-R, requestors must include a statement regarding their willingness to pay all fees or those up to a specified amount. A requestor may request a fee waiver or reduction in fees, however, fees must be addressed before the request is considered perfected.
As stated previously, this office has no records, please resubmit your request with the information stated above to U.S. Army Intelligence and Security Command, below is their contact information.
U.S. Army Intelligence and Security Command Freedom of Information/Privacy Office
2600 Ernie Pyle Street
Fort Meade, MD 20755-5910
Telephone: (301) 677-4011
I am appealing the determination that there are no records (no search was performed) and the decision that fees were not addressed (I declared both media status which would prevent search fees from being charged and requested a fee waiver).
We are in receipt of your June 25, 2018 FOIA Appeal wherein you are
appealing the determination that there are no records (no search was
performed) and the decision that fees were not addressed. The information
you received on June 22, 2018 in response to your June 17, 2018 request to
the Department of the Army FOIA (DOA FOIA) office was only indicating that
the DOA FOIA office does not maintain any records and only acts as a policy
and oversight office for the DOA FOIA and Privacy Act entities. They
advised you to submit your request to this office for further information.
We received your request in this office on June 18, 2018 and an initial
response was mailed to you on July 6, 2018. The attached appeal does not
apply to any response from this office. If you would like to forward this
appeal to the DOA FOIA office, you may do so, however please be advised that
they do not maintain any records and only act as a policy and oversight
office. Therefore, this office is not taking any further action in regards
to this FOIA appeal made in response to information you received from the DA
FOIA office. If you have any questions or concerns, please do not hesitate
Supervisory Intelligence Specialist (OPS Support)
U.S. Army Intelligence and Security Command Freedom of Information/Privacy
2600 Ernie Pyle Street
Fort Meade, MD 20755-5910